RETAIL ACADEMY AGE RESTRICTED SALES ESSENTIAL LEGAL

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1 RETAIL AGE RESTRICTED SALES NAME: DATE: ESSENTIAL LEGAL

2 KEEPING SAFE, Staying Legal: AGE RETAIL RESTRICTED SALES WELCOME Welcome to your Age Restricted Sales training. This training will cover everything you need to know about selling age restricted products. L LEARNING OUTCOMES When you have gone through this training you will be able to: Describe the Challenge 25 policy. Confidently sell products that have an age restriction using Challenge 25. Identify the products that have age restrictions and know what the age restriction is. 2 AGE RESTRICTED SALES

3 CHALLENGE 25 Challenge 25 is a scheme to encourage people over the age of 18 but who may look under 25 to carry ID with them when purchasing age restricted products. The scheme has also been adopted by retailers to protect staff from selling products to under age people. To raise awareness to customers that you operate a Challenge 25 policy, your store will have posters placed at the till point and where age restricted products are displayed. SIGNPOST The Age Restricted Sales guide is available for support and further information. You will find it useful to familiarise yourself with the guide during this training. AGE RESTRICTED SALES 3

4 CHALLENGE STORE CHALLENGE Look around your store, where are Challenge 25 notices located? Write down the locations below and think about these questions: Are the posters visible to customers? Could the posters be in more prominent locations? Are there areas where you think posters are missing? Discuss your thoughts about the visibility of the Challenge 25 posters with your line manager. 4 AGE RESTRICTED SALES

5 RETAIL HOW DOES CHALLENGE 25 WORK? Challenge 25 is a simple process whereby you assess the customer s age based on whether you think they look under 25. Follow this process every time a customer approaches with an age restricted item: ASSESS Does the customer look under 25? If yes or you are not sure Challenge Ask for ID to prove their age! CHECK Check the age on the ID - are they old enough to purchase the product? AGE RESTRICTED SALES 5

6 CHALLENGE AGE PERCEPTION DO THEY LOOK UNDER 25? Look at the pictures below using the Challenge 25 process would you challenge these people if they came to your till with an age restricted item? How old do you think they look? Write your answers to these questions underneath each photo: A B C D Would you challenge their age? A. Yes / No B. Yes / No C. Yes / No D. Yes / No How old would you say they are? A. B. C. D. 6 AGE RESTRICTED SALES

7 RETAIL CHALLENGING 25 All of the people in these pictures are under 25. Every time you get an age restricted item to your till you must Challenge 25: ASSESS THEIR AGE Challenge FOR ID CHECK ID FOR AGE Following these three simple steps will help to ensure that you never sell age restricted products to anyone under the legal limit. KEY POINT If you are ever unsure about a person s age DO NOT risk selling the product to them. YOU are responsible if you sell an age restricted product to an underage customer. AGE RESTRICTED SALES 7

8 ACCEPTABLE FORMS OF ID The following are examples of ID which are acceptable to prove a person s age: PHOTO DRIVING LICENCE: PASSPORT: PASS ACCREDITED PROOF OF AGE CARDS: CitizenCard: Validate: OneID4U: 8 AGE RESTRICTED SALES

9 RETAIL FAKE ID When checking ID for a customer s age always check the ID is not a fake. The photo should be printed on the card and flush with the rest of the card. It should not be stuck on top of the card. Check the date of birth is it properly printed on the card? Have you calculated their date of birth correctly? Does the photo match the person? Check the PASS hologram is genuine and flush with the rest of the card. Ask the customer to remove bike helmets, hoods, hats and sunglasses so that you can properly compare the photo. Check the card hasn t been tampered or altered in any way. If you are unsure of the authenticity of the ID you have the right to refuse the sale. If you do refuse a sale of an age restricted product you must complete your stores Refusals Register. FIND OUT If you are unsure as to where the Refusals Log is kept or have never seen it before ask your Manager to show you where it is kept and make yourself familiar with its contents. AGE RESTRICTED SALES 9

10 AGE RESTRICTED PRODUCTS As a result of the adverse effects they can have on health and well-being, the supply of a wide range of products to young people is prohibited. These goods are called age restricted products, and the sale of them to people under the legal age is strictly prohibited. KEY POINT You are personally responsible for the sale of age restricted products and can be prosecuted if you sell items to those under the legal age limit. Some products carry fines of up to 20,000 and/or imprisonment which can be given to the person who has sold the products and the retailer. 10 AGE RESTRICTED SALES

11 RETAIL CHALLENGE AGE RESTRICTION Do you know the age restriction on each of these products? Write next to each product the minimum age restriction. PRODUCT MINIMUM AGE Alcohol Tobacco E-Cigarettes Knives Fireworks Glue and Solvents Spray paints Butane Lighter Refills DVDs and Computer Games National Lottery and Scratchcards Petrol Paracetamol Now compare your answers to the table over the page. How did you do? Did you get all the minimum ages correct? If you got some wrong make sure you correct them on your table so that only the correct answers are in your workbook. AGE RESTRICTED SALES 11

12 PRODUCTS AND THEIR AGE RESTRICTIONS AND PENALTIES: PRODUCT MINIMUM AGE WHAT IS THE PENALTY? Alcohol 18 Anyone buying or trying to buy alcohol for someone under 18 also commits an offence. Tobacco 18 This is not just cigarettes but also loose tobacco, chewing tobacco, rolling papers and any substitute for tobacco. E-Cigarettes 18 Anyone buying or trying to buy e-cigarettes for someone under 18 is also committing an offence (proxy purchasing). Knives 18 Includes any axe or any other item which has a blade or is sharply pointed and could cause injury. Fireworks 18 Must not be sold separately if they are meant to be sold in a pack. Glues and solvents 18 Includes: glues, aerosols, cleaning fluids, paint stripper, nail polish remover and anti-freeze. These CANNOT be sold if you think the person is going to abuse them in any way. 5,000 You can also have your licence taken away and face a prison sentence. 2,500 If you sell single cigarettes, even to an adult, you can be fined up to 1,000. 2,500 The fixed penalty for proxy purchasing is 90. 5,000 You can also get up to six months in prison. 5,000 You can also get up to six months in prison. 5,000 You can also get up to six months in prison. Spray paints 16 2,500 Butane lighter refills 18 5,000 You can also get up to six months in prison. DVDs and computer games 12, 15, 18 5,000 You can also get up to six months in prison. National Lottery and scratchcards 16 It is also against the law for someone under 16 to sell National Lottery draw tickets and scratchcards. Unlimited You can also get up to two years in prison. Energy drinks Refer to Code of Practice. N/A Petrol 16 N/A Paracetamol No more than two packets (of 16 tablets each) may be sold to a customer in a single transaction. N/A 12 AGE RESTRICTED SALES

13 HERE IS WHAT YOU NEED TO KNOW ABOUT EACH AGE RESTRICTED PRODUCT: RETAIL ALCOHOL It is illegal to sell alcohol to anyone under the age of 18. It is also illegal for a person under the age of 18 to attempt to buy alcohol. If you are under the age of 18 yourself, you will need to seek authorisation from a colleague who is over 18 before you can sell alcohol. KEY POINT Do not sell alcohol to customers who are drunk and those that you believe are buying on behalf of someone under the age of 18, this is called proxy purchasing. SIGNPOST You will find out more about proxy purchasing later on in this training guide and there is also more information in the Age Restricted Sales Support Guide. AGE RESTRICTED SALES 13

14 TOBACCO The minimum age for buying tobacco products is 18. This also includes tobacco rolling papers. It is also against the law to sell cigarettes from an open pack. You could be fined up to 2,500 for selling tobacco products to anyone below the legal age. TOBACCO DISPLAY BAN (England only) Across the whole of the UK it is against the law to display tobacco products, this also includes displaying the price of tobacco. Smoking related products are cigarette papers, cigarette filters, pipes, cigarette tubes, apparatus for making cigarettes and cigarette holders. These products are banned from being on display in Scotland only. KEY POINT Additionally, stores in Scotland are also prohibited from displaying smoking related products, which includes cigarette papers, cigarette filters, pipes, cigarette tubes, apparatus for making cigarettes and cigarette holders. When serving a customer who wishes to purchase a tobacco product follow the same process as you would normally for any age restricted product: check their age first. The only difference when selling a tobacco product or a smoking related product (Scotland only) is that they are displayed behind a cabinet and will not be in full view of the customer. The cabinet should not be open for any longer than is necessary and the cabinet must be closed, with the tobacco now not visible to the customer, after you ve retrieved the product. Apart from when serving a customer, there are a few exceptional circumstances when the tobacco display may be visible to customers, this includes: If a customer requests information about a product. Tobacco products are for example cigarettes, cigars and roll your own tobacco. All of these products are banned from being on display across the UK. KEY POINT Restocking the display. Maintenance. Cleaning. Staff training. 14 AGE RESTRICTED SALES

15 RETAIL KEY POINT It s important to keep in mind though that the tobacco display should only be opened for as long as is necessary to complete the task, once the task is complete the cabinet should be closed with the tobacco out of view of customers. Challenge 25 check the customers ID if you are unsure. Open the tobacco display cabinet and retrieve the product. SIGNPOST For more information please see the tobacco display ban factsheet. Immediately close the display cabinet do not leave the cabinet open after you ve finished. Serve the customer as normal. KEY POINT Failure to comply with the law regarding the tobacco display ban could lead to a fine of up to 5,000 and/or imprisonment. AGE RESTRICTED SALES 15

16 E-CIGARETTES It is illegal to sell e-cigarettes and related products to anyone under the age of 18 in England and Wales. Currently, no legislation has been approved in Scotland to set an age restriction to the sale of e-cigarettes. The fixed penalty for proxy purchasing of e-cigarettes is 90. The fine applies to the person who purchases or attempts to purchase nicotine products on behalf of a person under the age of 18. See page 20 for more information on proxy purchasing. The approval of the Nicotine Inhaling Products Regulations 2015 means it is an offence to: Sell nicotine inhaling products to anyone under the age of 18 years. The proxy purchasing offence will extend to cover e-cigarettes. It will be an offence for an adult to buy nicotine inhaling products on behalf of a person under the age of 18. SIGNPOST There is a factsheet available on e-cigarettes for more information. 16 AGE RESTRICTED SALES

17 RETAIL KNIVES Crimes involving the use of knives and sharp objects have been steadily increasing over recent years. It is illegal to sell knives to a person under the age of 18. That includes: razor blades (but not safety razors or refill cartridges), knife blades and axes. FIREWORKS You must not sell fireworks, including sparklers, to anyone under the age of 18. There are also restrictions on when you can sell fireworks - the only periods you can sell fireworks in are: Guy Fawkes 15th October until 10th November New Year 26th December until 31st December Chinese New Year first day and the three days after GLUES AND SOLVENTS You can only legally sell spray paints to persons aged 16 or older. BUTANE LIGHTER REFILLS Abuse of lighter refills accounts for more than one death a week among year olds in the UK. It is illegal to sell lighter refills containing butane to any person under the age of 18. DVDS AND COMPUTER GAMES Each DVD and computer game title will have its own age restriction. You must not sell DVDs or computer games to those under the age stated on the classification. Diwali the day of Diwali and the three days after It is a criminal offence to sell outside of these dates. It is illegal to sell solvents to anyone under the age of 18. Be wary of customers who are making multiple purchases of solvents especially if you believe they will abuse them. AGE RESTRICTED SALES 17

18 NATIONAL LOTTERY AND SCRATCHCARDS PARACETAMOL It is illegal to sell lottery tickets or scratchcards to anyone under the age of 16. It is also illegal for a person under the age of 16 to sell lottery tickets and scratchcards. PETROL It is a breach of your petroleum license to supply petrol to those under the age of 16. A petrol station must be supervised at all times by someone aged 18 or over. Retailers can stock paracetamol in pack sizes of no more than 16 tablets. The number of packs of tablets that a customer can buy in a single transaction is limited to 2 packs. If a customer wishes to purchase more than 2 packs you should direct them to their nearest pharmacy. FIND OUT This is just an overview of each age restricted product, you can find out more in the Age Restricted Sales support guide 18 AGE RESTRICTED SALES

19 RETAIL TEST PURCHASING To crack down on the sale of alcohol and tobacco to customers who are under age trading standards, we are working alongside the police, and will carry out test purchase visits. These will be unannounced visits using a school child who will attempt to purchase an age restricted item, most commonly alcohol or cigarettes. They will behave as a normal customer but will be accompanied by a police officer or trading standards officer. The police and trading standards officer will expect to see Challenge 25 being used during the course of the test purchase transaction and, if done correctly, Challenge 25 will protect you from serving to an underage customer and you will pass the test purchase. Of course, you will not know when a test purchase will take place so it s important that every time you sell an age restricted product you Challenge 25. Camelot will also perform their own test purchase visits for lottery products. Nisa operates test purchase visits in all Nisa symbol stores and stores which are part of the independent fascia group. These test purchase visits are operated in partnership with a company called Market Force. The tests are carried out routinely throughout the year and are run in much as the same way as a trading standards test purchase. They are completed unannounced, with a young person purchasing either a tobacco product or alcohol. Again, you should always Challenge 25 when any age restricted product is purchased, this will help to protect you from selling to anyone under the legal age. AGE RESTRICTED SALES 19

20 PROXY PURCHASING Proxy purchasing means that a person, over the legal age, is buying an age restricted product on behalf of someone who is not the legal age. How can you spot a proxy purchase? Be vigilant. Be aware if there are groups of youths outside of the shop who are approaching strangers to buy age restricted items for them. Be also aware if there are any older members of the group, who may be over the legal age, who are buying age restricted items on behalf of others. If members of the public who might have been approached, ask for the same age restricted product that you have just refused to an underage person. If an adult customer pays separately for an age restricted product and keeps the change separate. 20 AGE RESTRICTED SALES

21 HANDLING DIFFICULT SITUATIONS RETAIL When asking for ID and adhering to Challenge 25 you may come across customers that get irritated or annoyed. If a customer protests about your refusal to sell a product or gets annoyed that you ve asked them for ID, try to follow these tips: Remember: Remain calm and listen to the customer. Explain the policy of Challenge 25 to the customer and the legal implications of selling to an underage person. You could say: We operate a Challenge 25 policy and I must ask for ID if I think you are under 25. Or I m sorry but if I serve you I may be breaking the law. Always conduct yourself in a professional manner. Remember to treat the customer how you would like to be treated yourself. Keep your voice calm, your hands open and try to maintain eye contact. Do not waver. Stick to your reasons for refusing the sale. Try to ensure that the customer understands why the sale cannot take place or why you are asking for ID. Knowing the law will help you to stay calm and to be sure of your ground. If a potential customer uses abusive language or becomes aggressive then follow these guidelines: Do not shout or interrupt. Keep a safe and non-threatening distance. Be consistent in your reasons for not selling. Make it clear that you are not picking on anyone and that the same law applies to everyone. Do not hesitate to ask for help and support from your colleagues and manager. KEY POINT In the case of alcohol it is a criminal offence for an adult to buy alcohol on behalf of someone under the legal age limit, this is also the case for the person that sold the alcohol, if they are aware or suspect that the alcohol is bought on behalf of a person under age. Both cases are criminal offences; they both could come with a fixed penalty notice or a fine of 5,000. AGE RESTRICTED SALES 21

22 STOP AND CHECK CHALLENGE What are the age restrictions on the following products? Alcohol Tobacco Knives Fireworks Glues and Solvents Spray Paints Butane Lighter Refills National Lottery/Scratchcards Petrol E-Cigarettes Describe the Challenge 25 3-step-process: What could you do if a customer you think is under 25 cannot or will not show you acceptable proof of age? Circle the correct answer. a) Explain to the customer that you cannot sell them the product. b) Sell the product so long as they bring adequate proof of age next time. c) Tell the customer that they are under age, and breaking the law and must leave the store. True or false: Sparklers can be bought at the age of 16 True False 22 AGE RESTRICTED SALES

23 RETAIL If a customer comes to you to purchase cigarettes what should you do? What forms of ID are acceptable for proving someone's age? Tick one correct answer. Credit card, passport, driving license, birth certificate Passport, driving license, PASS accredited card PASS accredited, passport, driving license, student union card What do you need to check for when given someone s proof of age? Name five What is the policy regarding the sale of paracetamol? Where is your Refusals Register kept? What does the tobacco display ban mean for your store? Name three of the exceptional circumstances that the tobacco display cabinet may be opened AGE RESTRICTED SALES 23

24 CONGRATULATIONS! You have completed your training in Age Restricted Sales. Ask your manager or supervisor to sign off your training below. has completed their training in Age Restricted Sales. Date completed: Training signed off by: Signature: And finally, to complete your training make sure you get your training certificate. and tell us your name, what training you have completed along with your store account number and/or address and we ll post your certificate out to you. WHAT S NEXT? Now that you ve completed your Age Restricted Sales training take a look at what other training guides are available: CHALLENGE Health and Safety Fire Safety Security Fireworks Food Safety Upselling Delivering Dazzling Service Around the Stock and Delivery Area Customer Experience Delivering Retail Excellence 24 AGE RESTRICTED SALES

25 RETAIL NOTES AGE RESTRICTED SALES 25

26 NOTES 26 AGE RESTRICTED SALES

27 RETAIL NOTES AGE RESTRICTED SALES 27

28 RETAIL Contact us Retail Academy webpage: then click on the Nisa Retail Academy tab Every effort has been made to ensure the information contained within this document is current and accurate. However, due to the legal aspects of this material it may be subject to change. Nisa Retail Academy s material is under continuous development and we endeavour to update material as soon as changes occur. Sept2015/AgeRestrictedSales ONLINE LEARNING PORTAL: upskillwithnisa.com

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